HB5341 Engrossed LRB096 18436 AJT 33814 b

1     AN ACT concerning transportation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Vehicle Code is amended by changing
5 Section 6-107.1 and by adding Section 11-507 as follows:
 
6     (625 ILCS 5/6-107.1)
7     Sec. 6-107.1. Instruction permit for a minor.
8     (a) The Secretary of State, upon receiving proper
9 application and payment of the required fee, may issue an
10 instruction permit to any person under the age of 18 years who
11 is not ineligible for a license under paragraphs 1, 3, 4, 5, 7,
12 or 8 of Section 6-103, after the applicant has successfully
13 passed such examination as the Secretary of State in his
14 discretion may prescribe.
15         (1) An instruction permit issued under this Section
16     shall be valid for a period of 24 months after the date of
17     its issuance and shall be restricted, by the Secretary of
18     State, to the operation of a motor vehicle by the minor
19     only when under direct supervision of accompanied by the
20     adult instructor of a driver education program during
21     enrollment in the program or when practicing under direct
22     supervision of with a parent, legal guardian, family
23     member, or a person in loco parentis who is 21 years of age

 

 

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1     or more, has a license classification to operate such
2     vehicle and at least one year of driving experience, and
3     who is occupying a seat beside the driver.
4         (2) A 24 month instruction permit for a motor driven
5     cycle may be issued to a person 16 or 17 years of age and
6     entitles the holder to drive upon the highways during
7     daylight under direct supervision of a licensed motor
8     driven cycle operator or motorcycle operator 21 years of
9     age or older who has a license classification to operate
10     such motor driven cycle or motorcycle and at least one year
11     of driving experience.
12         (3) A 24 month instruction permit for a motorcycle
13     other than a motor driven cycle may be issued to a person
14     16 or 17 years of age in accordance with the provisions of
15     paragraph 2 of Section 6-103 and entitles a holder to drive
16     upon the highways during daylight under the direct
17     supervision of a licensed motorcycle operator 21 years of
18     age or older who has at least one year of driving
19     experience.
20     (b) An instruction permit issued under this Section when
21 issued to a person under the age of 18 years shall, as a matter
22 of law, be invalid for the operation of any motor vehicle
23 during the following times:
24         (1) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
25         (2) Between 11:00 p.m. Saturday and 6:00 a.m. on
26     Sunday; and

 

 

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1         (3) Between 10:00 p.m. on Sunday to Thursday,
2     inclusive, and 6:00 a.m. on the following day.
3     The instruction permit of a person under the age of 18
4 shall not be invalid as described in paragraph (b) of this
5 Section if the instruction permit holder under the age of 18
6 was:
7         (1) accompanied by the minor's parent or guardian or
8     other person in custody or control of the minor;
9         (2) on an errand at the direction of the minor's parent
10     or guardian, without any detour or stop;
11         (3) in a motor vehicle involved in interstate travel;
12         (4) going to or returning home from an employment
13     activity, without any detour or stop;
14         (5) involved in an emergency;
15         (6) going to or returning home from, without any detour
16     or stop, an official school, religious, or other
17     recreational activity supervised by adults and sponsored
18     by a government or governmental agency, a civic
19     organization, or another similar entity that takes
20     responsibility for the licensee, without any detour or
21     stop;
22         (7) exercising First Amendment rights protected by the
23     United States Constitution, such as the free exercise of
24     religion, freedom of speech, and the right of assembly; or
25         (8) married or had been married or is an emancipated
26     minor under the Emancipation of Minors Act.

 

 

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1     (b-1) No instruction permit shall be issued to any
2 applicant who is under the age of 18 years and who has been
3 certified to be a chronic or habitual truant, as defined in
4 Section 26-2a of the School Code.
5     An applicant under the age of 18 years who provides proof
6 that he or she has resumed regular school attendance or that
7 his or her application was denied in error shall be eligible to
8 receive an instruction permit if other requirements are met.
9 The Secretary shall adopt rules for implementing this
10 subsection (b-1).
11     (c) Any person under the age of 16 years who possesses an
12 instruction permit and whose driving privileges have been
13 suspended or revoked under the provisions of this Code shall
14 not be granted a Family Financial Responsibility Driving Permit
15 or a Restricted Driving Permit.
16 (Source: P.A. 94-916, eff. 7-1-07; 95-310, eff. 1-1-08.)
 
17     (625 ILCS 5/11-507 new)
18     Sec. 11-507. Supervising a minor driver while under the
19 influence of alcohol, other drug or drugs, intoxicating
20 compound or compounds or any combination thereof.
21     (a) A person shall not accompany or provide instruction,
22 pursuant to subsection (a) of Section 6-107.1 of this Code, to
23 a driver who is a minor and driving a motor vehicle pursuant to
24 an instruction permit under Section 6-107.1 of this Code,
25 while:

 

 

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1         (1) the alcohol concentration in the person's blood or
2     breath is 0.08 or more based on the definition of blood and
3     breath units in Section 11-501.2 of this Code;
4         (2) under the influence of alcohol;
5         (3) under the influence of any intoxicating compound or
6     combination of intoxicating compounds to a degree that
7     renders the person incapable of properly supervising or
8     providing instruction to the minor driver;
9         (4) under the influence of any other drug or
10     combination of drugs to a degree that renders the person
11     incapable of properly supervising or providing instruction
12     to the minor driver;
13         (5) under the combined influence of alcohol, other drug
14     or drugs, or intoxicating compound or compounds to a degree
15     that renders the person incapable of properly supervising
16     or providing instruction to the minor driver; or
17         (6) there is any amount of a drug, substance, or
18     compound in the person's breath, blood, or urine resulting
19     from the unlawful use or consumption of cannabis listed in
20     the Cannabis Control Act, a controlled substance listed in
21     the Illinois Controlled Substances Act, an intoxicating
22     compound listed in the Use of Intoxicating Compounds Act,
23     or methamphetamine as listed in the Methamphetamine
24     Control and Community Protection Act.
25     (b) A person found guilty of violating this Section is
26 guilty of an offense against the regulations governing the

 

 

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1 movement of vehicles.